1.Heard Mr. Bandodkar, for the appellants in all the appeals and Mr. Godinho for the respondents in First Appeals No. 87/2002 and 101/2002. None for the respondents in First Appeal Nos. 80/2002, 97/2002, 98/2002, 100/2002 and 102/2002.

2. All these appeals are being disposed of by common judgment, since the appeals are preferred against the judgments and awards passed in the land acquisition cases arising out of the same Notification issued under Section 4 of the Land Acquisition Act, 1894 (“the Act” for short) and admittedly, the nature of the properties involved in all these appeals is also identical.

3. By Notification, issued under Section 4 of the Act, which was published in the Official Gazette on 9th August, 1995, the Government acquired lands of several persons, including those of respondents for public purpose. The respondents claimed Rs.1,000/- per sq. metre. The Land Acquisition Officer made an award on 13th September, 1996, awarding compensation at the rate of Rs.25/- per sq. metre. Aggrieved by the inadequacy of the compensation granted, the respondents herein sought reference under Section 18 of the Act, the details of which are as follows :

LAC No. Survey No. Area acquired. Name of the Parties. Appeal No.

5/98 48/13 1740 sq. mtrs. Joao Dias vs. State 80/2002

of Goa and anr.

6/98 48/8 part 2125 sq. mtrs. Reny Artimisa 98/2002

Pereira vs. State of

Goa and anr.

7/98 48/2 part 2484 sq. mtrs. Joaquim Rosario vs. 102/2002

State of Goa and anr.

8/98 48/11 part 1250 sq. mtrs. Smt. Felicidade 97/2002

Margarida Faria vs.

State of Goa and anr.

9/98 48/3 part 1050 sq. mtrs. Anthony Viegas and 87/2002

anr. vs. State of

Goa and anr.

10/98 48/7 part 1913 sq. mtrs. Smt. Maria Antonio 100/2002

Fernandes vs. State

of Goa and anr.

4, Before the Reference Court, the respondents relied upon Sale Deed dated 2/1/1995 Exhibit AW.1/C and Sale Deed dated 14/8/1995 Exhibit AW.1/D. In the course of arguments, the respondents placed reliance upon an award dated 25/8/2001, passed in Land Acquisition Case No. 15/1998, in which the compensation awarded by the Land Acquisition Officer was increased from Rs.25/- per sq. metre to Rs.100/- per sq. metre. The land in the said case was also paddy field, acquired under the same notification. The Reference Court, after holding that the lands which are subject-matter of the proceedings in the present land acquisition cases, were similar to the land in Land Acquisition Case No.15/98, enhanced the compensation to Rs.100/- per sq. metre. Aggrieved by the compensation granted, the appellants herein filed the present appeals.

5. Mr. Bandodkar, learned Addl. Govt. Advocate appearing for the appellants submitted that in so far as the land involved in the Land Acquisition Case No.15/98 is concerned, the same was a paddy field and the claimants in the said case Shri Jose Pedro Coutinho was a tenant in respect of that land. Mr. Bandodkar further submitted that the appellants have challenged the judgment and award passed by this Court before the Apex Court by filing Special Leave to Appeal (Civil) No. 16830/2011 and the Apex Court has granted interim stay to the award in excess of Rs.50/- per sq. metre. A copy of the said order has been placed on record. Mr. Bandodkar further submitted that admittedly, the lands acquired were tenanted agricultural lands and, therefore, in view of the Judgment of this Court in the case of Smt. Janaki N. Morajkar vs. Special Land Acquisition Officer (South Goa) and anr. (2005 (2) Goa L.R. 287), the same had no building potential and, as such, the Reference Court could not have enhanced the compensation to Rs.100/- per sq. metre. Mr. Bandodkar further submitted that the judgments passed by the Reference Court in Land Acquisition Case No.15/98 and in First Appeal No.39/2001, passed by the learned Single Judge of this Court upholding the compensation granted by the Reference Court have not attained finality inasmuch as the appellants hav